The trademark Super Hero was filed by TOPAS GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 13, 2021, and received one opposition filed on September 28, 2021 by HERO AG on Likelihood of confusion. the opponent was represented by RAFFAY & FLECK and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 28, 2021
It was designated 'Basic Application' for International Application 1617990 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003155614 was refused according to Article 8(1)(b) EUTMR with decision issued on November 27, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Vegetarian and vegan alternatives to meat, meat goods, sausages, charcuterie and ready meals consisting predominantly of meat or sausage
Meat substitute products, namely vegetarian or vegan meat-like products, In particular sausages and Charcuterie, Goods similar to sausages, goods similar to meat, Vegetarian rissoles, Burger patties
Plant-based meat, fish, game and poultry substitutes, and goods made therefrom in fresh, frozen, smoked and semi-prepared form
Plant-based milk and dairy alternatives, Processed fruits and vegetables (including nuts, pulses), In particular Meat substitutes With a base of plant proteins
Lupins and Lupin protein
Seitan [meat substitute]
Soya and wheat protein (gluten) preparations being meat alternatives
Dairy products and substitutes therefor, in particular cheese alternatives and cheese substitutes not consisting of dairy products, vegan cheese, vegan cheese preparations and vegan cheese additives
Ready meals and semi-prepared meals consisting predominantly of meat substitutes
Food preparations based on vegetable proteins consisting mainly of pulses or nuts
Foodstuffs containing vegetable proteins from processed legumes or nuts.
The mark was filed in class 30 with following description of goods:
Food preparations with a base of plant proteins, mainly consisting of grains
Processed cereals and starches for foodstuffs, and goods made therefrom
Foodstuffs containing plant proteins from processed cereals
Seitan and Seitan products
Prepared meals and Savoury snacks Made using plant preparations, In particular Of plant proteins, mainly consisting of the following goods, Cereals, Rice, Noodles, Pasta, Chocolate, Snack food products made from cereal flour.